AFFILIATION AGREEMENT RE WITH CARRINGTON COLLEGE.PDF
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AFFILIATION AGREEMENT WITH CARRINGTON COLLEGE
This Affiliation Agreement (“Agreement”) is entered into and shall be effective on October 1st,
2024 (“Effective Date”). The parties to this Agreement are Maricopa County (“County”)
administered by its Human Services Department - Head Start Program (“Program”) and
Carrington College (“School”), concerning internships and educational training for the School’s
dental hygienist Students. The County and School collectively are referred to as the “Parties” and
individually as the “Party.”
WHEREAS, the Parties desire to facilitate oral health educational training experiences for
Carrington College’s Students (“Students”) as part of their overall education and which may
qualify for academic credit, as determined by Carrington College; and
WHEREAS, the Parties mutually agree that the County, through its Program, is willing to provide
educational, internship experiences to the Students by rotating in the County’s Head Start
Program, and
WHEREAS, it is to the benefit of both the School and the County to cooperate in the oral health
educational preparation of Students, so as to ensure professional competence, and promote
quality oral health education care to the Program participants; and
NOW, THEREFORE, IT IS MUTUALLY AGREED that the School may place selected Students
in Head Start Program locations for oral health educational training to Program participants
according to the following terms and conditions:
1.
Program Description and Mutual Responsibilities of the Parties.
1.1
The School shall retain full control and responsibility for the academic education
of the Students. Any educational goals and objectives for a Program rotation must be provided
by the School to the Program prior to the start of the rotation and will be subject to the Early
Education Division (“Division”) acceptance and approval.
1.2
The School and the Program shall each designate a coordinator who shall be
reasonably available for consultation with the other respective coordinator concerning each
Student’s qualifications, performance evaluation, and the content of the oral health education.
1.3
The number of Students accepted into the Head Start Program locations and
schedule of oral health educational training presentations shall be arranged in advance by mutual
agreement between the Program and the School. In the event it becomes necessary to cancel a
reserved space or change a Student presentation, the School will immediately notify the Program.
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1.4
The School agrees to designate for participation in the Program only Students who
are at least 18 years of age; who are in good standing, possess a satisfactory record, completed
appropriate prerequisites, have met the minimum requirements establish by the School for the
Program and who have been educated in the performance of the skills necessary to participate
in the Program.
1.5
From time to time, the School may wish to conduct research studies that include
activities at the Program locations. The School may only conduct research studies, the results of
which may benefit the Program, with prior written consent from the County/Program. Such
research studies shall be at no expense to the County.
1.6
At all times during the term of this Agreement, all services shall be performed in
accordance with all applicable standards established by law or ordinance, or established by the
rules and regulations of any federal, state, or local agency, department, commission, association,
or other pertinent governing, accrediting or advisory body having the authority to set standards
for the School and the Program.
1.7
An annual review by and between the designated coordinators or School Director
and Program Assistant Director shall be held for the purpose of evaluating the effectiveness of
and further developing Student opportunities for the Program.
2.
School’s Rights and Responsibilities.
2.1
The School shall provide the Program in advance of each Student’s Program
rotation: Student name and program of study; Rotation beginning and ending dates and total
Program hours required; any curriculum objectives for the Program, as applicable; and any
necessary paperwork for the Program’s evaluation of the Student’s performance while
participating in the Program.
2.2
The School’s Students shall provide limited preventive oral health educational
training to the Program participants. The School’s Students will not provide exams or screening
but will discuss topics such as brushing teeth, cavities, flossing teeth, plaque, tooth decay, dental
x-rays and exams.
2.3
The School shall require all Students to obtain a fingerprint clearance card in
accordance with A.R.S. §§ 36-594.01, 36-883.02, 41-1964, and 46-141, as may be amended. All
applicable legal requirements relating to fingerprinting, fingerprint clearance cards, certification
regarding pending or past criminal matters, and criminal records checks are incorporated in their
entirety as provisions of this Agreement. The School is responsible for knowing all legal
requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding
pending or past criminal matters, and criminal records checks related to the Agreement
performance. The School shall submit verification that each Student has a clear fingerprint
clearance background prior to placement in the Program.
2.4
The School shall require all Students to complete a Central Registry Background
Check in accordance with A.R.S. § 8-804, as may be amended, prior to assignment/placement in
the Program. The information contained in the Central Registry must be used as a factor to
determine placement qualifications in the Program. The School shall submit verification that each
Student has a clear background clearance without incidents prior to placement in the Program.
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2.5
The School shall ensure all Students provide 3 references to Program staff on 1st
day of participation in the oral health education.
2.6
The School shall reimburse the Program for any breakage or damage to equipment
or supplies by a Student, provided the Program provides evidence that such breakage or damage
was caused by the Student.
2.7
When the School and the Division deem it appropriate for the Program, the School
shall ensure that Students are accompanied by and supervised by Head Start staff while on
Program location premises.
3.
Program’s Rights and Responsibilities.
3.1
The Program will coordinate the following with the designated School Coordinator
for Students assigned to the Program locations:
3.1.1 program schedules and assignment locations;
3.1.2 assignments for each Student in the Program; and
3.1.3 oversee and modify as necessary the duties of the Students in accordance
with their learning objectives. School will have right of first refusal with respect to
available dates and times.
3.2
The Program agrees to:
3.2.1 provide direct supervision of Students and practical instruction while on the
assigned premises for the Program;
3.2.2 review all notes or charting concerning Program activities or progress, if
written by a Student;
3.2.3 bring any problems concerning Students that may arise during day-to-day
Program activities to the attention of the School’s designated coordinator.
3.3
When necessary and upon request of the School, Program will provide information
and/or reports on forms supplied by the School, which may be needed by the School for evaluation
or compliance with accreditation standards.
3.4
The Program will at all times provide Head Start staff to be responsible for services
and they will not be performed by Students except as they relate to the oral health educational
experience and academic requirements.
3.5
With respect to any activity conducted by Students under this Agreement, the
Program shall notify the School as soon as possible of the initiation of any investigation involving
a Student or Program staff.
4.
Family Educational Rights and Privacy Act (“FERPA”). The Program and the School
agree to abide by the limitations set forth under FERPA and regulations at 34 C.F.R. § 99.33
regarding the protection of educational data. Both parties acknowledge that this Agreement allows
access to educational data. The Parties shall hold that information in strict confidence and not to
use or disclose educational data received from or on behalf of either Party except as permitted or
required by this Agreement, as otherwise required or allowed by law, or as authorized in writing
by Student.
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5.
Termination of Student Experience. Notwithstanding any other provisions in this
Agreement, the Program may terminate the participation of a Student in the Program if the
Student’s work, conduct, or health, might, in the Program’s sole discretion, have detrimental effect
on the Program, staff, or operations. The Program shall not be arbitrary or discriminatory in the
exercise of this right.
6.
Student Expenses, Health Insurance and Emergency Medical Care. Students are not
deemed to be employees of the County or Department by virtue of this Agreement. Neither Party
shall be obligated to provide for Students’ transportation to and from the Program locations or for
health insurance for Students. Students shall be responsible for maintaining their own health
insurance throughout the entire term of their participation in the Program. Students shall not be
entitled to any defense or indemnity by the County, or to any compensation from the County for
activities provided while participating in the Program.
7.
Indemnification. To the fullest extent permitted by law, each Party shall defend,
indemnify, and hold harmless the other Party, its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, and commissions
for, from, and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to,
arising out of, or alleged to have resulted from the negligent acts, errors, omissions or mistakes
relating to the Party’s performance of this Agreement. Each Party’s duty to defend, indemnify,
and hold harmless the other Party, its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions shall arise
in connection with any claim, damage, loss, or expense that is attributable to bodily injury,
sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use
resulting therefrom, caused by any negligent acts, errors, omissions, or mistakes in the Party’s
performance of this Agreement including any person for whose acts, errors, omissions, or
mistakes a Party may be legally liable.
The amount and type of insurance coverage requirements set forth in Section 8 below will
in no way be construed as limiting the scope of the indemnity in this Section. Further, the scope
of indemnification does not extend to the sole negligence of either Party.
8.
Insurance. Both Parties shall maintain insurance or funded self-insurance as follows: (i)
commercial general liability insurance coverage with minimum limits of $1,000,000 per occurrence
and $2,000,000 annual aggregate; (ii) professional liability insurance coverage with minimum
limits of $1,000,000 per occurrence and $3,000,000 annual aggregate; and (iii) workers’
compensation insurance to cover obligations imposed by federal and state statutes applicable to
the respective Party’s employees engaged in the Program. Upon written request, a Party shall
provide to the other Party a certificate of insurance evidencing such insurance coverage. Each
Party shall endeavor to provide thirty (30) calendar days prior written notice to the other Party of
any modification or termination of required insurance.
9.
Relationship of the Parties. The Agreement shall not constitute, nor shall it be construed
or deemed to constitute, a partnership or joint venture between the parties. On the contrary, such
parties shall remain separate corporate entities, and each shall continue to conduct its own
business and affairs under the control of its own officers and Board of Directors or Trustees, as
the case may be with each Board of Directors or Trustees remaining solely responsible in all
respects for the management and conduct of the business and affairs of its institution. The Parties
acknowledge that Students are not employees of the County/Department or the School.
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10.
Term. Unless terminated earlier as described in Section 11 below, the term of this
Agreement shall be five (5) years from the Effective Date. The County may, at its option and with
the agreement of the School, renew the term of this Agreement for additional terms up to a
maximum of five (5) years.
11.
Termination of Agreement.
11.1
Either Party may terminate this Agreement at any time upon 30 calendar days’
prior written notice. Either Party may also terminate this Agreement at any time if the other Party
defaults in any way of its obligations, but only if such default shall have continued for a period of
30 calendar days after receipt of written notice by the other Party. In any event, Students
participating in the program shall be entitled to complete the current Program.
11.2
The County has the right to terminate this Agreement upon 24-hour notice when
the County determines that the health or welfare of the service recipients are endangered.
11.3
If not terminated by one of the above methods, then this Agreement shall terminate
upon the expiration stated, or expiration of the extended term, as both described in Section 10
(Term).
12.
Notices. Communications regarding the Program shall go through the Parties’ designated
coordinators. Any legal notice that is required or permitted to be given by a Party to the other shall
be deemed to have been sufficiently given if personally delivered or deposited in the U.S. Mail in
a properly stamped envelope, addressed to:
For School
Danielle Mills, Vice Provost
Carrington College
5740 S. Eastern Ave. Ste 140
Las Vegas, NV 89119
702-688-4317
dmills@carrington.edu
With a copy of legal notices to:
San Joaquin Valley College, Inc.
Attn: Ember Education Legal Department
5001 E. Commercenter Drive, Suite 265
Bakersfield, CA 93309
For Program:
Cami Foulks, Assistant Director
Early Education Division
Maricopa County Human Services
Department
234 North Central Avenue, 3rd Floor
Phoenix, Arizona 85004
602-372-3710
Cami.Foulks@maricopa.gov
13.
Amendments. This Agreement may be amended only in writing signed by authorized
representatives of the School and the County.
14.
Advertising, Names, and Marks. No Party shall use the name, trademark, logo, or
likeness of another Party, or another Party’s employee or agent in any publicity or advertising
material without such other Party’s express prior written consent; however, the existence and
scope of the Program available via this Agreement may be made known to Students as a means
of assistance in completing their training requirements.
15.
Assignment. Neither Party shall assign any right nor delegate any duty under this
Agreement without the prior written consent of the other Party, which consent shall not be
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unreasonably withheld. In the event of a valid assignment, this Agreement will inure to the benefit
of and be binding upon each Party and its respective successors and permitted assigns.
16.
Governing Law and Venue. This Agreement shall be construed in accordance with the
laws of the State of Arizona. Exclusive venue for any actions or proceedings related to or
stemming from this Agreement shall be in the state or federal courts sitting in Phoenix, Arizona.
17.
Conflict of Interest. The County’s participation in this Agreement is subject to A.R.S. §
38-511, which provides that this Agreement may be cancelled if any person significantly involved
in initiating, negotiating, securing, drafting or creating this Agreement, at any time while this
Agreement, or any extension thereof, is in effect, an employee or agent of the other Party to this
Agreement in any capacity or consultant of the other Party with respect to the subject matter of
this Agreement.
18.
Enforceability and Waiver. The invalidity or unenforceability of any terms or provisions
of this Agreement shall in no way affect the validity or enforceability of any other terms or
provisions. The waiver by a Party of a breach of any provisions of this Agreement shall not operate
as or be construed as a waiver of any subsequent breaches of this Agreement.
19.
Written Certification Under A.R.S. § 35-393.01. If the School engages in for-profit
activity and has 10 or more employees and, if this Agreement has a value of $100,000 or more,
then the School certifies it is not currently engaged in, and agrees for the duration of this
Agreement to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842.
20.
Survival. The indemnification, hold harmless, and defense provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and shall
survive the termination or expiration of this Agreement.
21.
Non-exclusive Agreement. Each Party will retain complete control over such programs
of its own that are outside of this Agreement. Further, each Party may enter into similar
agreements with other training or education institutions, provided that such agreements do not
materially interfere with the ability of each Party to carry out its obligations under this Agreement.
22.
Compliance with Laws. Each Party shall, to the extent such provisions apply, comply
with all applicable federal and state laws, ordinances, Executive Orders, rules, regulations,
standards, and codes whether or not specifically referenced herein, including, but not limited to:
Title VI and VII of the Federal Civil Rights Act; Title IX of the Education Amendments of 1972; the
Federal Rehabilitation Act; the Age Discrimination in Employment Act; the Americans With
Disabilities Act, as amended; the Immigration Reform and Control Act of 1986 (IRCA); and
Arizona Executive Order 2009-9, as amended by Executive order 2023-01, which mandates that
all persons shall have equal access to employment opportunities. Unless exempted under federal
law, the parties shall not discriminate against any Student, employee, or applicant for employment
because of race, color, religion, sex, pregnancy, childbirth or medical conditions related to
pregnancy or childbirth, political affiliation or religious affiliation or ideas, culture, creed, social
origin or condition, genetic information, sexual orientation, gender identity or expression, national
origin, ancestry, age, disability, military service or veteran status, or marital status.
23.
Entire Agreement. This Agreement represents the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior agreements and
representations.
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24.
Authority. The persons signing this Agreement warrant that they have full authority to do
so and that their signatures shall bind the parties for which they sign.
IN WITNESS, the parties have approved and signed this Agreement as of the respective dates
written below.
Carrington College
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: ____________________________
MARICOPA COUNTY
By: ________________________________
Name: Jack Sellers
Title: Chairman, Board of Supervisors
Date: _______________________________
ATTESTED TO:
By: ________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
By: ________________________________
Deputy County Attorney Date